NCJ Number
49867
Journal
Federal Probation Volume: 41 Issue: 3 Dated: (1977) Pages: 19-22
Date Published
1977
Length
4 pages
Annotation
THE EFFECTS OF LEGISLATIVE REFORMS LIBERALIZING AND DECENTRALIZING THE ADMINISTRATION OF PAROLE IN FRANCE ARE DISCUSSED.
Abstract
TRADITIONALLY PAROLE HAS CONSTITUTED AN EXTRAORDINARY PROCEDURE IN FRANCE. FEW INMATES BENEFITED FROM PAROLE, AND THOSE WHO DID HAD NEARLY COMPLETED THEIR SENTENCES. THE INFREQUENT USE OF PAROLE REFLECTED TWO FACTORS: PAROLE WAS PERCEIVED ONLY AS A REWARD FOR GOOD BEHAVIOR; AND THE EXTREME CENTRALIZATION OF THE PAROLE DECISIONMAKING PROCESS (AT THE MINISTRY OF JUSTICE IN PARIS) PRECLUDED THE USE OF PAROLE FOR MOST OFFENDERS SERVING SHORT TERMS. LEGISLATIVE REFORMS IN 1970 AND 1972 INTRODUCED A NEW JUSTIFICATION FOR PAROLE AND DECENTRALIZED THE DECISIONMAKING PROCESS. A 1975 REVISION OF THE CODE OF PENAL PROCEDURE BROUGHT STATUTORY REQUIREMENTS FOR PAROLE IN FRANCE IN LINE WITH REQUIREMENTS IN SEVERAL OTHER CONTINENTAL SYSTEMS. ALTHOUGH THE REFORMS STRESS PAROLE'S POTENTIAL FOR REHABILITATION OVER ITS MOTIVATIONAL FUNCTION IN ESTABLISHING PRISON DISCIPLINE, GOOD BEHAVIOR REMAINS AN IMPORTANT CRITERION FOR GRANTING PAROLE, PRIMARILY BECAUSE FEW OTHER INDICATORS OF REHABILITATION ARE AVAILABLE. UNDER THE DUAL SYSTEM OF PAROLE DECISIONMAKING INTRODUCED IN THE 1972 REFORM, THE MINISTER OF JUSTICE GRANTS PAROLE ONLY IN THE CASES OF OFFENDERS SERVING PRISON TERMS EXCEEDING 3 YEARS. IN ALL OTHER CASES, PAROLE AUTHORITY IS HELD BY SUPERVISING JUDGES. THE AMBIGUITY OF THE JUDGES' ROLE, TOGETHER WITH THEIR MEAGER ADMINISTRATIVE SUPPORT, HAS BLOCKED EFFECTIVE ADMINISTRATION OF PAROLE. PAROLE DATA FOR 1970-1974 SHOW AN INCREASE IN THE FREQUENCY OF PAROLES SINCE THE LEGISLATIVE REFORMS. REVOCATION DATA INDICATE THAT THE SUPERVISING JUDGES ARE BETTER ABLE THAN THE MINISTRY OF JUSTICE TO OVERSEE PAROLEES. HOWEVER, IT IS CONCLUDED THAT THE FULL PROMISE OF THE PAROLE REFORMS IS YET TO BE REALIZED. SUPPORTING DATA ARE INCLUDED. (LKM)